The family courts in Kentucky generally expect parents to honor the terms of custody orders. They need to abide by agreements that they made with one another or the instructions provided by the courts regarding the division of their parental rights and responsibilities.
Kentucky uses slightly different language than certain other states, which people may find confusing as they adjust to life with shared parental responsibilities. For example, time with the children isn’t referred to as custody. Instead, the state refers to it as parenting time.
The authority that adults have over their children is what the state refers to as custody. In some cases, parents subject to custody orders in Kentucky may need to go back to family court to modify the division of custody or legal authority.
Why are legal custody modifications necessary?
Kentucky state law enshrines a presumption of equally-shared parental rights and responsibilities. Judges and families negotiating parenting terms typically need to do everything in their power to give both parents an equal amount of time with the children and shared authority over major decisions related to their upbringing.
Unfortunately, sharing legal custody or decision-making authority could trigger intense conflict between the parents. Perhaps one parent converts to a different religion when they start dating again. They may then end up fighting with the other parent when they want to expose their children to their new religion.
Other times, disputes might relate to healthcare decisions for the children. Either parent can make emergency decisions during their parenting time. However, if they want to make choices with longer-lasting consequences, they usually need to reach an agreement with the other parent. Parents could find themselves disagreeing about mental health support or plastic surgery, which has become far more common during the teenage years. When parents can’t reach an agreement, the courts can intervene.
How courts handle legal custody disputes
In scenarios where parents cannot agree on key decisions for their children, a judge may interpret the law and the existing custody order. In some cases, judges may make the decision for the parents because they have proven incapable of cooperating. Other times, judges might alter the existing parenting arrangement to give one parent slightly more custody rights, thereby allowing them to make the final determination in certain matters.
Factors including a parent’s willingness to act in the best interest of their children may influence what a judge decides to do. Recognizing how important legal custody can be for a child’s upbringing could help parents take thoughtful steps when they find themselves dealing with contested parenting matters after a divorce.
